CANON

A Church Dictionary · 1854 · p. 22
The laws of the Church are called canons , the word canon being derived from a Greek word, which signifies a rule or measure. Since the Church is a society of Christians, and since every society must have authority to prescribe rules and laws for the government of its own members, it must nece arily follow that the Church has this power; for otherwise there would be great disorder amongst Christians. This power was exercised in the Church before the Roman empire became Christian, as appears by those ancient canons which were made before that time, and which are mentioned in the writings of the primitive fathers; by the apostolical canons, which, though not made by the apostles themselves, are neverthele of great antiquity; and by various canons which were made in councils held in the second century, which were not directory alone, but binding, and to be observed by the clergy, under the penalty of deprivation; and by the laity, under pain of excommunication. Under this title we will mention: 1. Foreign canons. 2. Such as have been received here. 3. The power of making new canons. (I.) As to the first, Const an tine the Great, the first emperor who gave Christians some respite from persecution, caused general councils and national and provincial synods to be a embled in his dominions; where, amongst other things, rules were made for the government of the Church, which were called canons; the substance of which was at first collected out of the Scriptures, or the ancient writings of the fathers. We will not trouble the reader with a long history of provincial constitutions , synodals , glo aries , sentences of popes , summaries , and rescripts , from which the canon law has, by degrees, been compiled, since the days of that emperor; it is sufficient to state, that they were collected by Ivo, bishop of Chart res, about the 14th year of our King Henry I., in three volumes, which are commonly called the Decrees . These decrees, corrected by Gratian, a Benedictine monk, were published in England in the reign of King Stephen; and the reason of the publication at that time might be to decide the quarrel between Theobald, archbishop of Canterbury, and Henry, bishop of Winchester, the king’s brother, who being made a legate, the archbishop looked upon it as a diminution of his power, and an encroachment upon that privilege which he had as legatus nat us . (See Legate .) These decrees were received by the clergy of the Western Church, but never by those of the East, which is one reason why their priests continued to marry, which the clergy of the West were, by these decrees, forbidden to do. The next, in order of time, were the Decretals (see Decretals ,) which are canonical epistles written by popes alone, or a isted by some cardinals, to determine any controversy; and of these there are likewise three volumes. The first volume of these Decretals was compiled by Raimundus Barcinus, who was chaplain to Gregory IX., and were published by him about the 14th year of King Henry III., A. D. 1226. This was appointed to be read in all schools, and was to be taken for law in all ecclesiastical courts. About sixty years afterwards, Simon, a monk of Walden, began to read these laws in the university of Cambridge, and the next year in Oxford. The second volume was collected and arranged by Boniface VIII., and published about the 27th year of our King Edward I., A. D. 1298. The third volume was collected by Clement V., and published in the Council of Vienna, and likewise here, in the 2nd year of Edward II., A. D. 1308, and from him were called Clementines . These decretals were never received in England, or anywhere else, but only in the pope’s dominions, which are therefore called by canonists Patriæ obedient iæ , as particularly the canon concerning the investiture of bishops by a lay hand. John Andreas, a celebrated canonist in the fourteenth century, wrote a commentary on these decretals, which he entitled Novellæ , from a very beautiful daughter he had of that name, whom he bred a scholar: the father being a profe or of law at Bologna, had instructed his daughter so well in it, that she a isted him in reading lectures to his scholars, and, therefore, to perpetuate her memory, he gave that book the title of Novellæ . About the tenth year of King Edward II., John XXII. published his Extra vag ants . But as to the Church of England, even at that time, when the papal authority was at the highest, none of these foreign canons, or any new canons, made at any national or provincial synod here, had any manner of force if they were against the prerogative of the king, or the laws of the land. It is true that every Christian nation in communion with the pope sent some bishops, abbots, or priors, to those foreign councils, and generally four were sent out of England; and it was by those means, together with the allowance of the civil power, that some canons made there were received here, but such as were against the laws were totally rejected. Neverthele , some of these foreign canons were received in England, and obtained the force of laws by the general approbation of the king and people (though it may be difficult to know what these canons are); and it was upon this pretence that the pope claimed an ecclesiastical jurisdiction, independent of the king, and sent his legates to England with commi ions to determine causes according to those canons, which were now compiled into several volumes, and called Jus Can on i cum : these were not only enjoined to be obeyed as laws, but publicly to be read and expounded in all schools and universities as the civil law was read and expounded there, under pain of excommunication to those who neglected. Hence arose quarrels between kings and several archbishops and other prelates, who adhered to those papal usurpations. (II.) Besides these foreign canons, there were several laws and constitutions made here for the government of the Church, all of which are now in force, but which had not been so without the a ent and confirmation of the kings of England. Even from William I. to the time of the Reformation, no canons or constitutions made in any synods were suffered to be executed if they had not the royal a ent. This was the common usage and practice in England, even when the papal usurpation was most exalted; for if at any time the ecclesiastical courts did, by their sentences, endeavour to force obedience to such canons, the courts at common law, upon complaint made, would grant prohibitions. So that the statute of submi ion, which was afterwards made in the 25th year of Henry VIII., seems to be declarative of the common law, that the clergy could not de jure , and by their own authority, without the king’s a ent, enact or execute any canons. These canons were all collected and explained by Lyndwood, dean of the Arches, in the reign of Henry VI., and by him reduced under this method. 1. The canons of Stephen Langton, archbishop of Canterbury, made at a council held at Oxford, in the 6th year of Henry III. 2. The canons of Otho, the pope’s legate, who held a council in St. Paul’s church, in the 25th year of Henry III., which from him were called the Constitutions of Otho; upon which John de Athon, one of the canons of Lincoln, wrote a comment. 3. The canons of Boniface, of Savoy, archbishop of Canterbury, in the 45th of Henry III., which were all usurpations upon the common law, as concerning the boundaries of parishes, the right of patronage, and against trials of the right of tithes in the king’s courts against writs of prohibition, . Although he threatened the judges with excommunication (some of the judges being at that time clergymen) if they disobeyed the canons, yet they proceeded in these matters according to the laws of the realm, and kept the ecclesiastical courts within their proper jurisdiction. This occasioned a variance between the spiritual and temporal lords; and upon this the clergy, in the 31st of Henry III., exhibited several articles of their grievances to the parliament, which they called Articuli Cleri : the articles themselves are lost, but some of the answers to them are extant, by which it appears that none of these canons made by Boniface was confirmed. 4. The canons of Cardinal Ottobon, the pope’s legate, who held a synod at St. Paul’s, in the 53rd of Henry III., in which he confirmed those canons made by his predece or Otho, and published some new ones; and by his legantine authority commanded that they should be obeyed: upon these canons, likewise, John de Athon wrote another comment. 5. The canons of Archbishop Peckham, made at a synod held at Reading, in the year 1279, the 7th of Edward I. 6. The canons of the same archbishop, made at a synod held at Lambeth, two years afterwards. 7. The canons of Archbishop Win chelsea, made in the 34th of Edward I. 8. The canons of Archbishop Reynolds, at a synod held at Oxford, in the year 1322, the 16th of Edward II. 9. The canons of Symon Mepham, archbishop of Canterbury, made in the year 1328, the 3rd of Edward III. 10. Of Archbishop Str at ford. 11. Of Archbishop Simon Islip, made 1362, the 37th of Edward III. 12. Of Symon Sudbury, archbishop of Canterbury, made in the year 1378, the 2nd of Richard II. 13. Of Archbishop Arundel, made at a synod at Oxford, in the year 1403, the 10th of Henry IV. 14. Of Archbishop Chichely, in the year 1415, the 3rd of Henry V. 15. Of Edmond and Richard, archbishops of Canterbury, who immediately succeeded Stephen Langton. It was intended to reform these canons soon after the Reformation; and Archbishop Cranmer and some other commi ioners were appointed for that purpose by Henry VIII. and Edward VI. The work was finished, but the king dying before it was confirmed, it remains unconfirmed to this day. The book is called “ Reformatio Legum Ecclesiastic arum ex Author it ate Regis Henry VIII. in cho at a et per Edward VI. prorecta :” it was put into elegant Latin by Dr. Haddon, who was then university orator of Cambridge, a isted by Sir John Cheke, who was tutor to Edward VI. The above canons made by our Church before the Reformation, are, of course, binding on our Church now, and are acted upon in the ecclesiastical courts, except where they are superseded by subsequent canons, or by the provisions of an act of parliament. (III.) The next thing to be considered is, the authority of making canons at this day; and this is grounded upon the statute 25 Henry VIII., commonly called the act of submi ion of the clergy, by which they acknowledge that the convocation had been always a embled by the king’s writ; and they promised in verbo sacerdotis , not to attempt, claim, or put in use, or enact, promulge, or execute, any new canons in convocation, without the king’s a ent or licence. Then follows this enacting clause, viz. That they shall not attempt, allege, or claim, or put in use, any constitutions or canons without the king’s a ent; and so far this act is declarative of what the law was before. The clause before mentioned extends to such canons as were then made both beyond sea and in England, viz. to foreign canons, that they should not be executed here until received by the king and people as the laws of the land, and to canons made here which were contrary to the prerogative, or to the laws and customs of the realm. This appears by the proviso, that no canons shall be made or put in execution within this realm, which shall be contrary to the prerogative or laws. But the next are negative words, which relate wholly to making new canons, viz. “nor make, promulge, or execute any such canons without the king’s a ent.” These words limit the clergy in point of jurisdiction, viz. that they shall not make any new canons but in convocation: and they cannot meet there without the king’s writ; and when they are met and make new canons, they cannot put them in execution without a confirmation under the great seal. Some years after this statute, the clergy proceeded to act in convocation, without any commi ion from Henry VIII. But the canons which they made were confirmed by that king and some of his succe ors, as particularly the injunctions published in the 28th year of Henry VIII., for the abolishing superstitious holy days; those for preaching against the use of images, relics, and pilgrimages; those for repeating the Creed, the Lord’s Prayer, and Ten Commandments in the English tongue. Henry VIII. sometimes acted by the advice of his bishops, out of convocation, as about the injunctions published in the 30th year of Henry VIII., for admitting none to preach but such as were licensed; those for keeping a register of births, weddings, and burials; and for the abolishing the anniversary of Thomas à Becket. The like may be said of those injunctions published in the 2nd year of Edward VI., prohibiting the carrying of candles on Candle mas day, and ashes in Lent, and palms on Palm Sunday. Queen Elizabeth, in the second year of her reign, published several injunctions by the advice of her bishops. And two years afterwards she published a book of orders without the confirmation of her parliament. When she was settled in her government, all Church affairs were debated in convocation. Several canons were made in her reign, and confirmed by her letters patent: but as she did not bind her heirs and succe ors to the observance of them, those canons expired with her reign. In all these reigns the old canons were still in force, but in the first year of King James, 1603, the clergy being lawfully a embled in convocation, the king gave them leave, by his letters patent, to treat, consult, and agree on canons: these they presented to him, and he gave them his royal a ent; and by other letters patent, for himself, his heirs and succe ors, ratified and confirmed the same. These canons thus established were not then invented, but were collected out of ordinances which lay dispersed in several injunctions published in former reigns, and out of canons and other religious customs which were made and used in those days; and being thus confirmed, are the laws of the land, and by the same authority as any other part of the law; for being authorized by the king’s commi ion, according to the form of the statute 25 Henry VIII., they are warranted by act of parliament; and such canons made and confirmed, shall bind in ecclesiastical matters as much as any statute. An act of parliament may forbid the execution of any canon; but it has been usual to respect all those which enjoin some moral duty; yet a canon not confirmed by an act of parliament cannot alter any other law. It is agreed that canons made in convocation, and confirmed by letters patent, bind in all ecclesiastical affairs; that no canons in England are absolutely confirmed by parliament, yet they are part of the laws of the land, for the government of the Church, and in such case bind the laity as well as the clergy; that though such canons cannot alter the common law, statutes, or royal prerogative, yet they may alter other canons, otherwise the convocation could not make new canons. All that is required in making such canons is, that the clergy confine themselves to Church affairs, and do not meddle with things which are settled by the common law. But though no canons are absolutely confirmed by act of parliament, yet those which are neither contrary to the laws of the land, nor to the queen’s prerogative, and which are confirmed by her, are made good, and allowed to be so, by the statute 25 Henry VIII. And as to those canons which tend to promote the honour of God and service of religion, they must nece arily bind our consciences. Such are those which enjoin the sober conversation of ministers, prohibiting their frequenting taverns, playing at dice, cards, or tables; this was anciently prohibited by the Apostolical Canons, and in the old articles of Visitation here, and in several diocesan synods. Such are those canons, also, which relate to the duties of ministers in praying, preaching, administering sacraments, and visiting the sick. It may be as well, for the convenience of students, to insert here, from Bishop Halifax’s Analysis of the Civil Law, a few explanations of the method of quoting the Jus Can on i cum. The Decretum of Gratian (which must not be confounded with the Decretals) is divided into, 1. Distinctions. 2. Causes. 3. Treatise concerning consecration. The Decretals are divided into, 1. Gregory IX. Decretals in 5 books. 2. The sixth Decretal. (Boniface, 1298.) 3. The Clementine Constitutions (of Pope Clement V.). Now in the Decretum , 1st part, e. g. “1 dist. c. 3,” Lex, [or i. d. Lex,] is the first distinction , 3rd Canon, beginning with the word Lex . In the Decretum , 2nd part, e. g. “3 qu. 9, c. 2,” means the third cause, ninth question, 2nd Canon. The 3rd part of the Decretum is quoted as the first, with the addition of the words de con sec rat i one . In the Decretals (the first division) is given the name of title , number of chapter , with the addition of extra , or a capital X. E. g. “c. 3, extra de usuris,” means the 3rd chapter of Gregory’s Decretals, inscribed “de usuris,” i.e. the 19th of the 5th book. “c. cum contingat 36 X. de off. et Pot. Jud. del.,” means the 36th chapter beginning with “cum contingat,” of the Title in Gregory’s decrees, inscribed “de officio.” The sixth Decretal, and the Clementine Constitutions, are quoted the same way, except that instead of extra , or X., is subjoined in sexto , or in 6 ; and in Clement in i, or in Clem. The Extra vag ants of John XXII. are contained in one book, xiv. titles. The following are the CANONS OF 1603. Constitutions and Canons Ecclesiastical, treated upon by the Bishop of London, President of the Convocation for the Province of Canterbury, and the rest of the Bishops and Clergy of the said Province; and agreed upon with the King’s Majesty’s Licence, in their Synod begun at London, Anno Domini 1603, and in the year of the Reign of our Sovereign Lord JAMES, by the Grace of God, King of England, France, and Ireland, the First, and of Scotland the Thirty-seventh: and now published for the due observation of them, by his Majesty’s Authority under the Great Seal of England. James , by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, ., to all to whom these presents shall come, greeting: Whereas our Bishops, Deans of our Cathedral Churches, Archdeacons, Chapters, and Colleges, and the other Clergy of every Diocese within the Province of Canterbury, being summoned and called by virtue of our Writ directed to the Most Reverend Father in God, John, late Archbishop of Canterbury, and bearing date the one and thirtieth day of January, in the first year of our reign of England, France, and Ireland, and of Scotland the thirty-seventh, to have appeared before him in our Cathedral Church of St. Paul in London, the twentieth day of March then next ensuing, or elsewhere, as he should have thought it most convenient, to treat, consent, and conclude upon certain difficult and urgent affairs mentioned in the said Writ; did thereupon, at the time appointed, and within the Cathedral Church of St. Paul aforesaid, a emble themselves, and appear in Convocation for that purpose, according to our said Writ, before the Right Reverend Father in God, Richard Bishop of London, duly (upon a second Writ of ours, dated the ninth day of March aforesaid) authorized, appointed, and constituted, by reason of the said Archbishop of Canterbury his death, President of the said Convocation, to execute those things, which, by virtue of our first Writ, did appertain to him the said Archbishop to have executed if he had lived. We, for divers urgent and weighty causes and considerations as thereunto especially moving, of our especial grace, certain knowledge, and mere motion, did, by virtue of our Prerogative Royal, and Supreme Authority in causes Ecclesiastical, give and grant by our several Letters Patent under our Great Seal of England, the one dated the twelfth day of April last past, and the other the twenty-fifth day of June then next following, full, free, and lawful liberty, licence, power, and authority unto the said Bishop of London, President of the said Convocation, and to the other Bishops, Deans, Archdeacons, Chapters, and Colleges, and the rest of the Clergy before mentioned, of the said Province, that they from time to time, during our first Parliament now prorogued, might confer, treat, debate, consider, consult, and agree of and upon such Canons, Orders, Ordinances, and Constitutions, as they should think nece ary, fit, and convenient, for the honour and service of Almighty God, the good and quiet of the Church, and the better government thereof, to be from time to time observed, performed, fulfilled, and kept as well by the Archbishops of Canterbury, the Bishops, and their Succe ors, and the rest of the whole Clergy of the said Province of Canterbury in their several callings, offices, functions, ministries, degrees, and administrations; as also by all and every Dean of the Arches, and other Judge of the said Archbishop’s Courts, Guardians of Spiritualities, Chancellors, Deans, and Chapters, Archdeacons, Commi aries, Officials, Registrars, and all and every other Ecclesiastical Officers, and their inferior Ministers, whatsoever, of the same Province of Canterbury, in their and every other of their distinct Courts, and in the order and manner of their and every of their proceedings: and by all other persons within this realm, as far as lawfully, being members of the Church, it may concern them, as in our said Letters Patent amongst other clauses more at large doth appear. Forasmuch as the Bishop of London, President of the said Convocation, and others, the said Bishops, Deans, Archdeacons, Chapters, and Colleges, with the rest of the Clergy, having met together at the time and place before mentioned, and then and there, by virtue of our said authority granted unto them, treated of, concluded, and agreed upon certain Canons, Orders, Ordinances, and Constitutions, to the end and purpose by us limited and prescribed unto them; and have thereupon offered and presented the same unto us, most humbly desiring us to give our royal a ent unto their said Canons, Orders, Ordinances, and Constitutions, according to the form of a certain Statute or Act of Parliament, made in that behalf in the twenty-fifth year of the reign of King Henry the Eighth, and by our said Prerogative Royal and Supreme Authority, in Causes Ecclesiastical, to ratify by our Letters Patent under our Great Seal of England, and to confirm the same, the title and tenor of them being word for word as ensueth: The Table of the Constitutions and Canons Ecclesiastical. Of the Church of England. 1. The King’s Supremacy over the Church of England, in Causes Ecclesiastical, to be maintained. 2. Impugners of the King’s Supremacy censured. 3. The Church of England a true and apostolical Church. 4. Impugners of the public Worship of God, established in the Church of England, censured. 5. Impugners of the Articles of Religion, established in the Church of England, censured. 6. Impugners of the Rites and Ceremonies, established in the Church of England, censured. 7. Impugners of the Government of the Church of England, by Archbishops, Bishops, ., censured. 8. Impugners of the Form of consecrating and ordering Archbishops, Bishops, . in the Church of England, censured. 9. Authors of Schism in the Church of England censured. 10. Maintainers of Schismatics in the Church of England censured. 11. Maintainers of Conventicles censured. 12. Maintainers of Constitutions made in Conventicles censured. Of Divine Service, and Administration of the Sacraments. 13. Due Celebration of Sun days and Holy-days. 14. The prescript Form of Divine Service to be used on Sun days and Holy-days. 15. The Litany to be read on Wednesdays and Fridays. 16. Colleges to use the prescript Form of Divine Service. 17. Students in Colleges to wear Surplices in time of Divine Service. 18. A reverence and attention to be used within the Church in time of Divine Service. 19. Loiterers not to be suffered near the Church in time of Divine Service. 20. Bread and Wine to be provided against every Communion. 21. The Communion to be thrice a Year received. 22. Warning to be given beforehand for the Communion. 23. Students in Colleges to receive the Communion four times a Year. 24. Copes to be worn in Cathedral Churches by those that administer the Communion. 25. Surplices and Hoods to be worn in Cathedral Churches, when there is no Communion. 26. Notorious Offenders not to be admitted to the Communion. 27. Schismatics not to be admitted to the Communion. 28. Strangers not to be admitted to the Communion. 29. Fathers not to be Godfathers in Baptism, and Children not Communicants. 30. The lawful use of the Cro in Baptism explained. Ministers, their Ordination, Function, and Charge. 31. Four solemn times appointed for the making of Ministers. 32. None to be made Deacon and Minister both in one day. 33. The Titles of such as are to be made Ministers. 34. The Quality of such as are to be made Ministers. 35. The Examination of such as are to be made Ministers. 36. Subscription required of such as are to be made Ministers. The Articles of Subscription. The Form of Subscription. 37. Subscription before the Diocesan. 38. Revolters after Subscription censured. 39. Cautions for Institution of Ministers into Benefices. 40. An Oath against Simony at Institution into Benefices. 41. Licences for Plurality of Benefices limited, and Residence enjoined. 42. Residence of Deans in their Churches. 43. Deans and Prebendaries to preach during their Residence. 44. Prebendaries to be resident upon their Benefices. 45. Beneficed Preachers, being resident upon their Livings, to preach every Sunday. 46. Beneficed Men, not Preachers, to procure monthly Sermons. 47. Absence of Beneficed Men to be supplied by Curates that are allowed Preachers. 48. None to be Curates but allowed by the Bishop. 49. Ministers, not allowed Preachers, may not expound. 50. Strangers not admitted to preach without showing their Licence. 51. Strangers not admitted to preach in Cathedral Churches without sufficient Authority. 52. The Names of strange Preachers to be noted in a Book. 53. No public Opposition between Preachers. 54. The Licences of Preachers refusing Conformity to be void. 55. The Form of a Prayer to be used by all Preachers before their Sermons. 56. Preachers and Lecturers to read Divine Service, and administer the Sacraments twice a Year at the least. 57. The Sacraments not to be refused at the hands of unpreaching Ministers. 58. Ministers reading Divine Service, and administering the Sacraments, to wear Surplices, and Graduates therewithal Hoods. 59. Ministers to catechize every Sunday. 60. Confirmation to be performed once in three Years. 61. Ministers to prepare Children for Confirmation. 62. Ministers not to marry any Persons without Banns or Licence. 63. Ministers of exempt Churches not to marry without Banns or Licence. 64. Ministers solemnly to bid Holy-days. 65. Ministers solemnly to denounce Recusants and Excommunicates. 66. Ministers to confer with Recusants. 67. Ministers to visit the Sick. 68. Ministers not to refuse to christen or bury. 69. Ministers not to defer Christening, if the Child be in danger. 70. Ministers to keep a Register of Christenings, Weddings, and Burials. 71. Ministers not to preach, or administer the Communion, in private Houses. 72. Ministers not to appoint public or private Fasts or Prophecies, or to exorcise, but by Authority. 73. Ministers not to hold private Conventicles. 74. Decency in Apparel enjoined to Ministers. 75. Sober Conversation required in Ministers. 76. Ministers at no time to forsake their Calling. Schoolmasters. 77. None to teach School without Licence. 78. Curates desirous to teach, to be licensed before others. 79. The duty of Schoolmasters. Things appertaining to Churches. 80. The Great Bible, and Book of Common Prayer, to be had in every Church. 81. A Font of Stone for Baptism in every Church. 82. A decent Communion-Table in every Church. 83. A Pulpit to be provided in every Church. 84. A Chest for Alms in every Church. 85. Churches to be kept in sufficient Reparations. 86. Churches to be surveyed, and the decays certified to the high Commi ioners. 87. A Terrier of Glebe-lands and other Po e ions belonging to Churches. 88. Churches not to be profaned. Churchwardens or Quest men, and Side-men or A istants. 89. The choice of Churchwardens, and their Account. 90. The choice of Side-men, and their joint office with Churchwardens. Parish-Clerks. 91. Parish-Clerks to be chosen by the Minister. Ecclesiastical Courts belonging to the Archbishop’s Jurisdiction. 92. None to be cited into divers Courts for Probate of the same Will. 93. The Rate of Bona notabilia liable to the Prerogative Court. 94. None to be cited into the Appeals or Audience, but dwellers within the Archbishop’s Diocese, or Peculiars. 95. The Restraint of double Quarrels. 96. Inhibitions not to be granted without the Subscription of an Advocate. 97. Inhibitions not to be granted, until the Appeal be exhibited to the Judge. 98. Inhibitions not to be granted to factious Appellants, unle they first subscribe. 99. None to marry within the Degrees prohibited. 100. None to marry under Twenty-one Years, without their Parents’ consent. 101. By whom licences to marry without Banns shall be granted, and to what sort of persons. 102. Security to be taken at the granting of such Licences, and under what Conditions. 103. Oaths to be taken for the Conditions. 104. An Exception for those that are in Widowhood. 105. No sentence for Divorce to be given upon the sole confe ion of the parties. 106. No Sentence for Divorce to be given but in open Court. 107. In all sentences for Divorce, Bond to be taken for not marrying during each other’s life. 108. The Penalty for Judges offending in the Premises. Ecclesiastical Courts belonging to the Jurisdiction of Bishops and Archdeacons, and the Proceedings in them. 109. Notorious Crimes and Scandals to be certified into Ecclesiastical Courts by Presentment. 110. Schismatics to be presented. 111. Disturbers of Divine Service to be presented. 112. Non-Communicants at Easter to be presented. 113. Ministers may present. 114. Ministers shall present Recusants. 115. Ministers and Churchwardens not to be sued for presenting. 116. Churchwardens not bound to present oftener than twice a year. 117. Churchwardens not to be troubled for not presenting oftener than twice a year. 118. The old Churchwardens to make their Presentments before the new be sworn. 119. Convenient time to be a igned for framing Presentments. 120. None to be cited into Ecclesiastical Courts by proce of Quorum Nomina . 121. None to be cited into several Courts for one Crime. 122. No Sentence of Deprivation or Deposition to be pronounced against a Minister, but by the Bishop. 123. No Act to be sped but in open Court. 124. No Court to have more than one Seal. 125. Convenient Places to be chosen for the keeping of open Courts. 126. Peculiar and inferior Courts to exhibit the original Copies of Wills into the Bishop’s Registry. Judges Ecclesiastical, and their Surrogates. 127. The Quality and Oath of Judges. 128. The Quality of Surrogates. Proctors. 129. Proctors not to retain Causes without the lawful A ignment of the Parties. 130. Proctors not to retain Causes without the Counsel of an Advocate. 131. Proctors not to conclude in any Cause without the Knowledge of an Advocate. 132. Proctors prohibited the Oath, In animam domini sui . 133. Proctors not to be clamorous in Court. Registrars. 134. Abuses to be reformed in Registrars. 135. A certain Rate of Fees due to all Ecclesiastical Officers. 136. A Table of the Rates and Fees to be set up in Courts and Registries. 137. The whole Fees for showing Letters of Orders, and other Licences, due but once in every Bishop’s time. Apparitors. 138. The Number of Apparitors restrained. Authority of Synods. 139. A National Synod the Church Representative. 140. Synods conclude as well the absent as the present. 141. Depravers of the Synod censured.
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